Mont. Code Ann. » TITLE 44. LAW ENFORCEMENT · CHAPTER 12. SEIZURES RELATED TO CONTROLLED SUBSTANCES · Part 1. General Provisions
Montana Code Annotated

Mont. Code Ann. § 44-12-102 (2026)

Things Subject To Forfeiture

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  1. MCA Contents
  2. TITLE 44
  3. CHAPTER 12
  4. Part 1
  5. 44-12-102 Things subject to forfeiture

TITLE 44. LAW ENFORCEMENT

CHAPTER 12. SEIZURES RELATED TO CONTROLLED SUBSTANCES

Part 1. General Provisions

Things Subject To Forfeiture

44-12-102. Things subject to forfeiture. (1) A court may order, as part of the sentence imposed upon conviction, that the following property be forfeited as provided in 44-12-207 through 44-12-211:

(a) all controlled substances that have been manufactured, distributed, prepared, cultivated, compounded, processed, or possessed in violation of Title 45, chapter 9;

(b) all money, raw materials, products, and equipment of any kind that are used or intended for use in manufacturing, preparing, cultivating, compounding, processing, delivering, importing, or exporting any controlled substance in violation of Title 45, chapter 9, except items used or intended for use in connection with quantities of marijuana in amounts less than 60 grams;

(c) except as provided in subsection (2), all property that is used or intended for use as a container for anything enumerated in subsection (1)(a) or (1)(b);

(d) except as provided in subsection (2), all conveyances, including aircraft, vehicles, and vessels, that are used or intended for use in any manner to facilitate the commission of a violation of Title 45, chapter 9;

(e) all books, records, and research products and materials, including formulas, microfilm, tapes, and data, that are used or intended for use in violation of Title 45, chapter 9;

(f) all drug paraphernalia as defined in 45-10-101;

(g) everything of value furnished or intended to be furnished in exchange for a controlled substance in violation of Title 45, chapter 9, all proceeds traceable to an exchange, and all money, negotiable instruments, and securities used or intended to be used to facilitate a violation of Title 45, chapter 9;

(h) any personal property constituting or derived from proceeds obtained directly or indirectly from a violation of Title 45, chapter 9, that is punishable by more than 5 years in prison; and

(i) real property, including any right, title, and interest in any lot or tract of land and any appurtenances or improvements, that is directly used or intended to be used in any manner or part to commit or facilitate the commission of or that is derived from or maintained by the proceeds resulting from a violation of Title 45, chapter 9, that is punishable by more than 5 years in prison. An owner's interest in real property is not subject to forfeit by reason of any act or omission unless it is proved that the act or omission was the owner's or was with the owner's actual knowledge, as defined in 44-12-101, or express consent.

(2) A conveyance or container is not subject to forfeiture under this section if it was used or intended for use in transporting less than 60 grams of marijuana, but this exception does not apply to synthetic cannabinoids listed as dangerous drugs in 50-32-222.

History: En. Sec. 2, Ch. 529, L. 1979; amd. Sec. 8, Ch. 481, L. 1981; amd. Sec. 1, Ch. 180, L. 1983; amd. Sec. 1, Ch. 476, L. 1987; amd. Sec. 1, Ch. 652, L. 1989; amd. Sec. 1631, Ch. 56, L. 2009; amd. Sec. 1, Ch. 156, L. 2011; amd. Sec. 7, Ch. 421, L. 2015.

Notes of Decisions
Cited in 13 cases, 1991–2016 · leading case: State v. Items of Real Prop. Owned &/or Possessed by Chilinski, 2016 MT 280, 383 P.3d 236.
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State v. Items of Real Prop. Owned &/or Possessed by Chilinski, 2016 MT 280, 383 P.3d 236. · cites it 4× “¶21 Second, § 44-12-102(i), MCA (2013), provides that real property which “is directly used or intended to be used in any manner or part to *260 commit or facilitate .”
State v. Branam, 2006 MT 300, 148 P.3d 635. · cites it 12× “00, and an AR-15 semi- automatic rifle (hereinafter referred to together as Property) under § 44-12-102, MCA. We reverse and remand. ¶2 The issue on appeal is: ¶3 Did the District Court correctly dismiss the forfeiture petition on the grounds that at the time the State seized…”
Clark v. Roosevelt Cnty. ex rel. Big Muddy River Drug Task Force, 2007 MT 44, 154 P.3d 48. · cites it 4× “Section 44-12-103(2)(d), MCA, provides that all property subject to forfeiture pursuant to § 44-12-102, MCA, may be seized without a warrant if “the peace officer has probable cause to believe that the property was used or is intended to be used in violation of Title 45, chapter…”
Johnson v. Equip. Used to Cultivate Marijuana, 898 P.2d 1200 (Mont. 1995). · cites it 28× “The controlling provision is the following portion of § 44-12-102, MCA: Things subject to forfeiture.”
In re the Seizure of $23,691.00 in United States Currency, 905 P.2d 148 (Mont. 1995). · cites it 4× “” The property listed in § 44-12-102, MCA, includes money used or intended for use in delivering any controlled substance in violation of Title 45, chapter 9, MCA.”
Drummond v. Cnty. of Chouteau (In re Ranch), 122 B.R. 759 (Bankr. D. Mont. 1991). · cites it 7× “1 The agreed facts show that on December 3, 1987, the Defendant County, acting pursuant to Section 44-12-102, Mont.Code Ann., filed a “Petition For Forfeiture” in the Montana Twelfth Judicial District Court against $28,260.”
In re the Seizure of a 1988 Chevrolet Van, 823 P.2d 858 (Mont. 1991). · cites it 6× “) The Chevy Van is clearly within the scope of property listed in § 44-12-102, MCA. Section 44-12-204, MCA, provides: “In order to rebut the presumption of forfeiture: “(3)a claimant of a security interest in the property who has a verified answer on file must prove that his…”
Muir v. Bilderback, 2015 MT 180, 353 P.3d 473. · cites it 4× “¶8 On May 9, 2013, Mark Muir, then the Missoula Chief of Police, *461 instituted this proceeding pursuant to § 44-12-102, MCA, seeking forfeiture of the Hummer, the cash and other items found during the search.”
State v. Forfeiture of 2003 Chevrolet Pickup, 2009 MT 25, 202 P.3d 782. · cites it 2× “¶2 Warner does not appeal the District Court finding that the Pickup was subject to seizure and forfeiture -under § 44-12-102(l)(d), MCA, as a vehicle used to facilitate the commission of a crime involving dangerous drugs.”
Magone v. Aul, 887 P.2d 1235 (Mont. 1994). “According to Thomas, such allegations are insufficient to create a genuine issue of material fact, and the District Court improperly denied his motion for summary judgment.”
State v. $129,970.00, One Hundred Twenty Nine Thousand Nine Hundred Seventy Dollars in United States Currency, 2007 MT 148, 161 P.3d 816. · cites it 2× “Payne argues that his explanation of the source of the currency is plausible, and the State failed to rebut this explanation with other evidence.”
Anaconda Law v. 1994 Truck, 2003 MT 6N. · cites it 3× “A presumption of forfeiture exists regarding most property eligible for forfeiture under § 44-12-102, MCA, including vehicles; the presumption may be rebutted by the property owner proving the property was not used for the purpose charged or was used without his consent.”
Show all 13 citing cases →
Mont. Code Ann. § 44-12-102(1): 1 case
Clark v. Roosevelt Cnty. ex rel. Big Muddy River Drug Task Force, 2007 MT 44, 154 P.3d 48. “Section 44-12-103(2)(d), MCA, provides that all property subject to forfeiture pursuant to § 44-12-102, MCA, may be seized without a warrant if “the peace officer has probable cause to believe that the property was used or is intended to be used in violation of Title 45, chapter…”
Mont. Code Ann. § 44-12-102(1)(g): 2 cases
In re the Seizure of $23,691.00 in United States Currency, 905 P.2d 148 (Mont. 1995). “” The property listed in § 44-12-102, MCA, includes money used or intended for use in delivering any controlled substance in violation of Title 45, chapter 9, MCA.”
Johnson v. Equip. Used to Cultivate Marijuana, 898 P.2d 1200 (Mont. 1995). “The controlling provision is the following portion of § 44-12-102, MCA: Things subject to forfeiture.”
Mont. Code Ann. § 44-12-102(1)(i): 1 case
Johnson v. Equip. Used to Cultivate Marijuana, 898 P.2d 1200 (Mont. 1995). “The controlling provision is the following portion of § 44-12-102, MCA: Things subject to forfeiture.”
Mont. Code Ann. § 44-12-102(2)(b): 1 case
Muir v. Bilderback, 2015 MT 181, 353 P.3d 479.
Mont. Code Ann. § 44-12-102(i): 1 case
State v. Items of Real Prop. Owned &/or Possessed by Chilinski, 2016 MT 280, 383 P.3d 236. “¶21 Second, § 44-12-102(i), MCA (2013), provides that real property which “is directly used or intended to be used in any manner or part to *260 commit or facilitate .”
Mont. Code Ann. § 44-12-102(l): 1 case
Johnson v. Equip. Used to Cultivate Marijuana, 898 P.2d 1200 (Mont. 1995). “The controlling provision is the following portion of § 44-12-102, MCA: Things subject to forfeiture.”
Mont. Code Ann. § 44-12-102(l)(b): 1 case
State v. Branam, 2006 MT 300, 148 P.3d 635. “00, and an AR-15 semi- automatic rifle (hereinafter referred to together as Property) under § 44-12-102, MCA. We reverse and remand. ¶2 The issue on appeal is: ¶3 Did the District Court correctly dismiss the forfeiture petition on the grounds that at the time the State seized…”
Mont. Code Ann. § 44-12-102(l)(d): 3 cases
State v. Forfeiture of 2003 Chevrolet Pickup, 2009 MT 25, 202 P.3d 782. “¶2 Warner does not appeal the District Court finding that the Pickup was subject to seizure and forfeiture -under § 44-12-102(l)(d), MCA, as a vehicle used to facilitate the commission of a crime involving dangerous drugs.”
In re the Seizure of a 1988 Chevrolet Van, 823 P.2d 858 (Mont. 1991). “) The Chevy Van is clearly within the scope of property listed in § 44-12-102, MCA. Section 44-12-204, MCA, provides: “In order to rebut the presumption of forfeiture: “(3)a claimant of a security interest in the property who has a verified answer on file must prove that his…”
Muir v. Bilderback, 2015 MT 181, 353 P.3d 479.
Mont. Code Ann. § 44-12-102(l)(i): 1 case
Johnson v. Equip. Used to Cultivate Marijuana, 898 P.2d 1200 (Mont. 1995). “The controlling provision is the following portion of § 44-12-102, MCA: Things subject to forfeiture.”
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